FAR 37.000—Scope of part.
Plain-English Summary
FAR 37.000 explains the scope of FAR Part 37, which sets the government’s policy and procedures for acquiring and managing services by contract. It makes clear that the part applies broadly to all service contracts and orders, regardless of contract type or the specific kind of service being bought, and that agencies must use performance-based acquisitions for services to the maximum extent practicable. It also points readers to the performance-based acquisition rules in subpart 37.6 and identifies related subject-matter parts that control when the service is a research and development service (Part 35), architect-engineering service (Part 36), information technology service (Part 39), or transportation service (Part 47). The section further states that those parts take precedence if there is any inconsistency with Part 37. Finally, it notes that Part 37 includes, but is not limited to, service contracts covered by the Service Contract Labor Standards statute in 41 U.S.C. chapter 67, with implementing guidance in subpart 22.10. In practice, this section tells contracting personnel that service acquisitions are governed by a general services framework, but that they must also check for specialized rules and must structure service requirements around outcomes and performance whenever feasible.
Key Rules
Part 37 covers all services
This part applies to all contracts and orders for services, no matter what contract type is used or what kind of service is being acquired. The coverage is broad, so agencies cannot avoid Part 37 simply because a service is bought under a different ordering vehicle or contract structure.
Performance-based acquisition is preferred
Agencies must use performance-based acquisitions for services to the maximum extent practicable. That means the requirement should be written around desired results, measurable outcomes, and performance standards rather than detailed direction on how the contractor must perform the work.
Use subpart 37.6 for methods
Part 37 directs users to subpart 37.6 for the policies and procedures governing performance-based acquisition methods. Contracting personnel should use that subpart when developing service requirements, quality measures, and acceptance criteria.
Specialized parts control specific services
Additional guidance for research and development, architect-engineering, information technology, and transportation services is found in Parts 35, 36, 39, and 47. These parts govern their respective service categories and may impose more specific requirements than Part 37.
Specialized parts override conflicts
If Part 37 conflicts with Parts 35, 36, 39, or 47, the specialized part takes precedence. Users must resolve any inconsistency by following the more specific rule for the service being acquired.
Service Contract Labor Standards may apply
Part 37 includes service contracts subject to the Service Contract Labor Standards statute in 41 U.S.C. chapter 67. When those labor standards apply, contracting officers must also follow subpart 22.10 and related wage and labor requirements.
Responsibilities
Contracting Officer
Identify whether the acquisition is for services and apply Part 37 to the procurement. Determine whether performance-based acquisition is practicable, use subpart 37.6 when structuring the requirement, and check whether Parts 35, 36, 39, or 47 control the service being acquired. Also determine whether Service Contract Labor Standards coverage applies and ensure the solicitation and contract include the required labor provisions.
Agency/Acquisition Team
Plan service acquisitions using a performance-based approach whenever practicable, define outcomes and measurable performance standards, and coordinate early to identify any specialized service rules that may supersede Part 37. The team must also ensure the acquisition strategy aligns with applicable labor, technical, and program requirements.
Contractor
Understand that service contracts may be structured around performance outcomes and measurable standards rather than detailed task instructions. When the contract is subject to Service Contract Labor Standards or a specialized part, comply with the applicable labor, technical, and performance requirements.
Program/Requirements Personnel
Develop service requirements in terms of mission needs, outputs, and performance results rather than overly prescriptive methods whenever possible. Support the contracting officer in determining whether the acquisition should be performance-based and whether another FAR part provides the controlling rules.
Practical Implications
This section is a gateway rule for service acquisitions: before drafting a solicitation, the contracting team should ask whether the work is a service, whether performance-based acquisition is feasible, and whether a more specific FAR part controls.
A common mistake is treating Part 37 as optional or assuming it only applies to certain contract types. The text makes clear that it applies to all service contracts and orders, regardless of contract type.
Another frequent pitfall is failing to check for specialized rules in Parts 35, 36, 39, or 47. If the service falls into one of those categories, those parts can override Part 37 where they differ.
Contracting officers should be careful not to write service requirements as detailed labor instructions unless necessary. The policy preference is to define outcomes and performance measures, which can improve accountability and contractor flexibility.
If Service Contract Labor Standards apply, labor compliance cannot be treated as an afterthought. Wage determinations, labor clauses, and related subpart 22.10 requirements must be addressed early in the acquisition process.
Official Regulatory Text
This part prescribes policy and procedures that are specific to the acquisition and management of services by contract. This part applies to all contracts and orders for services regardless of the contract type or kind of service being acquired. This part requires the use of performance-based acquisitions for services to the maximum extent practicable and prescribes policies and procedures for use of performance-based acquisition methods (see subpart 37.6 ). Additional guidance for research and development services is in part 35 ; architect-engineering services is in part 36 ; information technology is in part 39 ; and transportation services is in part 47 . parts 35 , 36 , 39 , and 47 take precedence over this part in the event of inconsistencies. This part includes, but is not limited to, contracts for services to which 41 U.S.C. chapter 67 , Service Contract Labor Standards, applies (see subpart 22.10 ).